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Re: Chem Waste Management exemption

      Injection is actually permitted for many waste
  as an on-site, non-destructive method of disposal of
  hazwaste, I learned with dismay. I know that Dow used
  to use it extensively at Midland, MI, and probably
  does (though I haven't checked the RCRA database,
  so I can't be sure...).
  -----Original Message-----
  From: asagady@sojourn.com <asagady@sojourn.com>
  To: Multiple recipients of list
  Date: Thursday, August 21, 1997 12:02 AM
  Subject: Chem Waste Management exemption
  >I thought folks would be interested in this exemption
  >for Chem Waste Management to get around the
  >Land Disposal Ban rules that require hazardous
  >waste treatment.
  >Folks in OHIO should be particularly forwarned...
  >This is an example of EPA circumventing Congressional
  >intent with the requirement that wastes containing
  >significant amounts of organic compounds not be
  >permitted for land disposal without treatment to
  >destroy those compounds.
  >When ChemWaste Management can poor them
  >in a hole in the ground perhaps one can begin
  >to understand the effects on pollution prevention
  >and more ligitimate waste treatment....
  >[Federal Register: August 12, 1997 (Volume 62, Number
  >[Rules and Regulations]
  >[Page 43109-43111]
  >>From the Federal Register Online via GPO Access
  >40 CFR Part 148
  >Final Decision To Grant Chemical Waste Management,
  Inc. a
  >Modification of an Exemption From the Land Disposal
  Restrictions of the
  >Hazardous and Solid Waste Amendments of 1984 Regarding
  Injection of
  >Hazardous Wastes
  >AGENCY: Environmental Protection Agency (EPA).
  >[[Page 43110]]
  >ACTION: Notice of final decision on a request to
  modify an exemption
  >from the hazardous and solid waste amendments of the
  >Conservation and Recovery Act.
  >SUMMARY: Notice is hereby given by the Environmental
  Protection Agency
  >(EPA or Agency) that modification of an exemption to
  the land disposal
  >restrictions under the 1984 Hazardous and Solid Waste
  Amendments to the
  >Resource Conservation and Recovery Act (RCRA) has been
  granted to
  >Chemical Waste Management, Inc. (CWM) of Oakbrook,
  Illinois. This
  >modification allows CWM to inject RCRA-regulated
  hazardous wastes which
  >will be banned from land disposal on August 11, 1997,
  as a result of
  >regulations promulgated on May 12, 1997. Wastes
  designated by a total
  >of 11 additional RCRA waste codes, may continue to be
  land disposed
  >through four waste disposal wells at the facility at
  Vickery, Ohio. As
  >required by 40 CFR part 148, CWM has demonstrated, to
  a reasonable
  >degree of certainty, that there will be no migration
  of hazardous
  >constituents from the injection zone utilized by CWM's
  waste disposal
  >facility located near Vickery, Ohio, for as long as
  the newly exempted
  >waste remains hazardous. This decision constitutes a
  final Agency
  >action for which there is no administrative appeal.
  >DATES: This action is effective as of August 12, 1997.
  Nathan Wiser, Lead
  >Petition Reviewers, Region 5, telephone (312) 886-2939
  or (312) 353-
  >9569, respectively. Copies of the petition and all
  >information relating thereto are on file and are part
  of the
  >Administrative Record. It is recommended that you
  contact the lead
  >reviewer prior to reviewing the Administrative record.
  >    CWM submitted a petition for an exemption from the
  restrictions on
  >land disposal of hazardous wastes on January 19, 1988.
  >documents were received on December 4, 1989, and
  several supplemental
  >submittals were subsequently made. The exemption was
  granted on August
  >7, 1990. On September 12, 1994, CWM submitted a
  petition to modify the
  >exemption to include wastes bearing 23 additional RCRA
  wastes codes.
  >Region 5 reviewed documents supporting the request and
  granted the
  >modification of the exemption on May 16, 1995. A
  notice of the
  >modification appeared on June 5, 1995, at 60 FR 29592
  et seq. On April
  >9, 1996, CWM submitted a petition to again modify the
  exemption to
  >allow 91 additional RCRA waste codes. Region 5
  reviewed documents
  >supporting the request and granted the modification on
  the exemption on
  >June 24, 1996. A notice of the modification appeared
  on July 15, 1996,
  >at 61 FR 36880 et seq.
  >    On May 13, 1997, in response to the Land Disposal
  Restrictions Rule
  >published in the Federal Register at 62 FR 25998 et
  seq. on May 12,
  >1997, which set ban dates for a number of hazardous
  waste codes, CWM
  >submitted a request to add a total of 11 additional
  RCRA waste codes to
  >its exemption. Three (3) of these codes (F032, F034
  and F035) are
  >banned by the May 12, 1997, rule. The remaining eight
  (8) codes (F020,
  >F021, F022, F023, F025, F026, F027 and F028) have been
  banned since
  >1988, but CWM anticipates a future need for their
  injection. The
  >underlying chemicals found in all the codes of
  interest today were
  >already the subject of previous technical
  consideration during the
  >modeling for the originally-issued exemption. The
  >rule bans codes F032, F034 and F035 from deep
  injection after August
  >11, 1997, unless CWM makes a no-migration
  demonstration. CWM made a no-
  >migration demonstration in 1990. After careful review
  of the material
  >submitted, the EPA has determined, as required by 40
  CFR part
  >148.20(f), that there is a reasonable degree of
  certainty that waste
  >streams containing constituents designated by these
  codes will behave
  >hydraulically and chemically like wastes for which CWM
  was granted its
  >original exemption and will not migrate from the
  injection zone within
  >10,000 years. The injection zone is the Mt. Simon
  Sandstone and the
  >Rome, Conasauga, Kerbel, and Knox Formations. The
  confining zone is
  >comprised of the Wells Creek and Black River
  >    Effective May 29, 1997, the United States Court of
  Appeals for the
  >District of Columbia Circuit vacated 24 RCRA waste
  codes that had been
  >previously listed. These 24 RCRA waste codes therefore
  are not banned
  >from injection under Federal law as they no longer
  exist as Federally-
  >defined RCRA waste codes. Notwithstanding the effect
  of the Court's
  >action at the Federal level, the Ohio Environmental
  Protection Agency
  >rules governing these 24 RCRA waste codes prohibit
  injection of these
  >coded wastes without a Federal exemption from the Land
  >Restrictions. Hence, the action taken by modifying the
  exemption issued
  >to CWM remains effective for these RCRA waste codes
  since without the
  >inclusion of these codes, CWM would be barred from
  injecting them under
  >State law. CWM's modified exemption therefore contains
  these 24 RCRA
  >waste codes. The effect of this exemption is limited
  to those wastes
  >coded as K160, U277, U366, U375, U376, U377, U378,
  U379, U381, U382,
  >U383, U384, U385, U386, U390, U391, U392, U393, U396,
  U400, U401, U402,
  >U403 and U407, effective the date that these 24 RCRA
  waste codes were
  >originally promulgated. If these particular codes
  should be re-
  >promulgated as RCRA wastes, different in chemical
  character from the
  >originally-promulgated RCRA waste codes, the burden
  will be incumbent
  >on CWM to show that the injection of such
  newly-promulgated RCRA waste
  >codes will result in a reasonable degree of certainty
  that there will
  >be no migration from the injection zone within 10,000
  years, and a
  >modification of CWM's exemption will be required to
  inject them.
  >    As a result of this action, CWM may continue to
  inject the wastes
  >bearing the codes:
  >    F020, F021, F022, F023, F025, F026, F027, F028,
  F032, F034, and
  >after wastes denoted by these codes are banned from
  land disposal on
  >August 11, 1997. These waste codes are added to the
  waste codes which
  >have been previously exempted and the current total
  approved listing of
  >codes follows.
  List of Approved RCRA
  >Waste Codes for Injection
  >D001.....     D043       K015       K071       K142
  P030       P078
  >P190       U031       U076       U120       U162
  U208       U366
  >D002.....     F001       K016       K073       K143
  P031       P081
  >P191       U032       U077       U121       U163
  U209       U367
  >D003.....     F002       K017       K083       K144
  P033       P082
  >P192       U033       U078       U122       U164
  U210       U372
  >D004.....     F003       K018       K084       K145
  P034       P084
  >P194       U034       U079       U123       U165
  U211       U373
  >D005.....     F004       K019       K085       K147
  P036       P085
  >P196       U035       U080       U124       U166
  U213       U375
  >D006.....     F005       K020       K086       K148
  P037       P087
  >P197       U036       U081       U125       U167
  U214       U376
  >D007.....     F006       K021       K087       K149
  P038       P088
  >P198       U037       U082       U126       U168
  U215       U377
  >D008.....     F007       K022       K088       K150
  P039       P089
  >P199       U038       U083       U127       U169
  U216       U378
  >D009.....     F008       K023       K093       K151
  P040       P092
  >P201       U039       U084       U128       U170
  U217       U379
  >[[Page 43111]]
  >D010.....     F009       K024       K094       K156
  P041       P093
  >P202       U041       U085       U129       U171
  U218       U381
  >D011.....     F010       K025       K095       K157
  P042       P094
  >P203       U042       U086       U130       U172
  U219       U382
  >D012.....     F011       K026       K096       K158
  P043       P095
  >P204       U043       U087       U131       U173
  U220       U383
  >D013.....     F012       K027       K097       K159
  P044       P096
  >P205       U044       U088       U132       U174
  U221       U384
  >D014.....     F019       K028       K098       K160
  P045       P097
  >U001       U045       U089       U133       U176
  U222       U385
  >D015.....     F020       K029       K099       K161
  P046       P098
  >U002       U046       U090       U134       U177
  U223       U386
  >D016.....     F021       K030       K100       P001
  P047       P099
  >U003       U047       U091       U135       U178
  U225       U387
  >D017.....     F022       K031       K101       P002
  P048       P101
  >U004       U048       U092       U136       U179
  U226       U389
  >D018.....     F023       K032       K102       P003
  P049       P102
  >U005       U049       U093       U137       U180
  U227       U390
  >D019.....     F024       K033       K103       P004
  P050       P103
  >U006       U050       U094       U138       U181
  U228       U391
  >D020.....     F025       K034       K104       P005
  P051       P104
  >U007       U051       U095       U139       U182
  U234       U392
  >D021.....     F026       K035       K105       P006
  P054       P105
  >U008       U052       U096       U140       U183
  U235       U393
  >D022.....     F027       K036       K106       P007
  P056       P106
  >U009       U053       U097       U141       U184
  U236       U394
  >D023.....     F028       K037       K107       P008
  P057       P108
  >U010       U055       U098       U142       U185
  U237       U395
  >D024.....     F032       K038       K108       P009
  P058       P109
  >U011       U056       U099       U143       U186
  U238       U396
  >D025.....     F034       K039       K109       P010
  P059       P110
  >U012       U057       U101       U144       U187
  U239       U400
  >D026.....     F035       K040       K110       P011
  P060       P111
  >U014       U058       U102       U145       U188
  U240       U401
  >D027.....     F037       K041       K111       P012
  P062       P112
  >U015       U059       U103       U146       U189
  U243       U402
  >D028.....     F038       K042       K112       P013
  P063       P113
  >U016       U060       U105       U147       U190
  U244       U403
  >D029.....     F039       K043       K113       P014
  P064       P114
  >U017       U061       U106       U148       U191
  U246       U404
  >D030.....     K001       K044       K114       P015
  P065       P115
  >U018       U062       U107       U149       U192
  U247       U407
  >D031.....     K002       K045       K115       P016
  P066       P116
  >U019       U063       U108       U150       U193
  U248       U408
  >D032.....     K003       K046       K116       P017
  P067       P118
  >U020       U064       U109       U151       U194
  U249       U409
  >D033.....     K004       K047       K117       P018
  P068       P119
  >U021       U066       U110       U152       U196
  U271       U410
  >D034.....     K005       K048       K118       P020
  P069       P120
  >U022       U067       U111       U153       U197
  U277       U411
  >D035.....     K006       K049       K123       P021
  P070       P121
  >U023       U068       U112       U154       U200
  >D036.....     K007       K050       K124       P022
  P071       P122
  >U024       U069       U113       U155       U201
  >D037.....     K008       K051       K125       P023
  P072       P123
  >U025       U070       U114       U156       U202
  >D038.....     K009       K052       K126       P024
  P073       P127
  >U026       U071       U115       U157       U203
  >D039.....     K010       K060       K131       P026
  P074       P128
  >U027       U072       U116       U158       U204
  >D040.....     K011       K561       K132       P027
  P075       P185
  >U028       U073       U117       U159       U205
  >D041.....     K013       K062       K136       P028
  P076       P188
  >U029       U074       U118       U160       U206
  >D042.....     K014       K069       K141       P029
  P077       P189
  >U030       U075       U119       U161       U207
  >    General conditions of this exemption are found at
  40 CFR part 148.
  >The exemption granted to CWM on August 7, 1990,
  included a number of
  >specific conditions. Conditions numbered (1), (2),
  (3), (4), and (9)
  >remain in force. Monitoring under condition 5, which
  called for
  >construction and operation of a deep monitoring well,
  will continue
  >through the life of the facility. Conditions numbered
  (5), (6), (7),
  >and (8) have been satisfied. The results of the work
  carried out under
  >these conditions confirms that the model used to
  simulate fluid
  >movement within the injection zone for the next 10,000
  years is valid
  >and results of the simulation bound the region of the
  injection zone
  >within which the waste will be contained.
  >Rebecca L. Harvey,
  >Acting Director, Water Division.
  >[FR Doc. 97-21275 Filed 8-11-97; 8:45 am]
  >BILLING CODE 6560-50-P
  >Alex J. Sagady & Associates        Email:
  >Environmental Consulting and Database Systems
  >PO Box 39  East Lansing, MI  48826-0039
  >(517) 332-6971 (voice); (517) 332-8987 (fax)